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2013 DIGILAW 1615 (DEL)

Chander Prakash Kaushal v. Govt. of NCT of Delhi

2013-08-27

VALMIKI J.MEHTA

body2013
JUDGMENT : Valmiki J. Mehta, J. 1. By this petition, petitioner claims the relief of pension and interest on delayed payment of pension. Pension in the meanwhile has already been paid to the petitioner, and thus the issue remains only as regards to interest. 2. Interest is liable to be paid when there is unnecessary delay in payment of the pension. 3. In the present case, the employer/institute is respondent No. 3-M/s.Sarada Ukil School of Art. This is an aided educational institution to the extent of 95% by the respondent No. 1-Govt. of NCT of Delhi and this 95% of funds are routed to the respondent No. 3-institute by the respondent No. 1 through the respondent No. 2-Director of Education. 4. It is not disputed that petitioner was entitled to pension and petitioner retired on 31.12.2004. Pension has been paid however much later in the year 2010. The respondent No. 3-institute has stated that it could not deposit its share of contribution towards the pension and the provident fund because respondent Nos. 1 & 2 had to give a PAO account number in which such amount had to be deposited. This PAO account number was not allotted till the year 2010, and when so allotted, the amount was deposited by the respondent No. 3 in the PAO account. 5. Grant-in-aid was given to the respondent No. 3 as per the letter of the Lt. Governor dated 03.11.2003 which required fulfilment of the following conditions by the respondent No. 3: “a) Constitution of Management committee as per Grant-in-aid Rules. (b) The Provident Fund contribution from the date of admittance to the Fund with interest thereon, i.e. employers share upto the date of switching over to the Rules, shall be credited to consolidated Fund of Delhi. (c) The Management shall continue to contribute monthly at the rate of 5% of 8 1/3% of the pay as defined under the Rule 10 of Delhi School Education Act 1973 for those Sarda Ukil School of Art (SUSA) employees who will be governed by these Rules and the same shall be credited to consolidated Fund of Delhi, towards pension and gratuity benefits as envisaged therein.” 6. There is no issue so far as condition (a) of constitution of Management Committee and the issue is only contribution by the Management as per conditions (b) and (c) above. There is no issue so far as condition (a) of constitution of Management Committee and the issue is only contribution by the Management as per conditions (b) and (c) above. Respondent No. 3 had informed the requirement of giving PAO account number to the respondent Nos. 1 & 2 in terms of its letter dated 04.04.2006. Respondent Nos. 1 & 2, however, did not give the necessary details till 2010, and when the same was given, the necessary amount was deposited by the respondent No. 3. Therefore, the delay from 01.01.2005 till 04.04.2006 or till the end of April 2006 would be of the respondent No. 3 and thereafter of the respondent No. 1. 7. In view of the fact that the pension of the petitioner was paid with delay and this act of delay has caused loss of interest to the petitioner, petitioner is held entitled to interest @ 8% per annum simple from 01.01.2005 till the date of payment of the pension. Liability towards interest to be paid to the petitioner will be shared inter se by the respondent No. 3 and the respondent No. 1. Respondent No. 1 will be liable to pay interest till 31.04.2006 and thereafter till the actual date of payment of pension, interest liability will be in the proportion of 5% by respondent No. 3 and 95% by respondent No. 1. 8. In view of the above, the amount payable as interest in terms of this judgment be paid to the petitioner within a period of eight weeks from today. If the amount is not paid within eight weeks from today, petitioner on the accumulated amount will be entitled to further interest @ 8% per annum simple. 9. Writ petition is allowed and disposed in terms of the above observations. CM 44/2010 also stands disposed of accordingly. Parties are left to bear their own costs.